OVERNIGHT TECH: Leahy plans update of privacy law

By Brendan Sasso and Gautham Nagesh - 10/20/11 06:30 PM ET

THE LEDE: Senate Judiciary Chairman Patrick Leahy (D-Vt.) said Thursday that he plans to schedule a markup to update the Electronic Communications Privacy Act before the end of the year, almost 25 years to the day since the law was first signed. Leahy unveiled proposed updates to ECPA in May that would require the government to obtain a warrant before accessing an individual's email, digital communications or geolocation information. He was adamant on Thursday that the law has failed to keep up with changes in technology and the changing mission of law enforcement agencies after the Sept. 11, 2001, terrorist attacks.

Closed door briefing stresses urgency of cybersecurity legislation: Several senior Obama administration officials representing the military and agencies with jurisdiction over cybersecurity met behind closed doors with the bipartisan leaders of the relevant Senate committees on Wednesday to discuss the need to move forward on comprehensive legislation this year. Senate Majority Leader Harry Reid's (D-Nev.) office indicated a desire to move on the issue before the end of the year and said progress has been made via the bipartisan cybersecurity working group that features those same committee heads and ranking members.

The Senate and White House proposals are similar, with the former favoring stronger enforcement mechanisms under the authority of the Department of Homeland Security. But the House GOP has released its own cyber recommendations, which favor a narrow definition of critical infrastructure and an emphasis on information sharing and incentives rather than mandatory government security standards. Several senators told Hillicon they were optimistic about the prospects of bipartisan cooperation on a bill this year.

Genachowski to speak at Chamber: The U.S. Chamber of Commerce announced Thursday that Federal Communications Commission Chairman Julius Genachowski will speak at an event at the Chamber's headquarters on cybersecurity on Monday. Greg Schaffer, the Homeland Security Department's assistant secretary for cybersecurity and communications, will also speak at the event.

FCC announces meeting agenda: The FCC announced Thursday the agenda for its meeting on Oct. 27. The commission will vote on Chairman Julius Genachowski's plan to overhaul the high-cost portion of the Universal Service Fund. The program was originally designed to subside landline phone access, but Genachowski wants to transition the fund to pay for expanding high-speed Internet access.

The FCC will also vote on reforming intercarrier compensation rules that determine how much companies pay to carry each other's traffic. Genachowski outlined the basics of his proposals earlier this month and had said he intended to the bring the items up at the next FCC meeting.

Officials seize counterfeit electronics: Officials in 43 countries seized more than one million counterfeit electronic goods worth an estimated $5.8 million as part of a three-month long sting dubbed "Operation Short Circuit," U.S. Immigration and Customs Enforcement announced Thursday. In the U.S., agents seized holiday lights, extension cords, batteries, chargers and other devices.

"Counterfeit electrical articles are particularly troubling, as these illicit products represent a significant threat to public safety as they do not adhere to any standards for testing, quality or operation," ICE Director John Morton said.

AT&T reportedly in talks to sell assets to MetroPCS: MetroPCS is the front-runner to buy assets from AT&T and T-Mobile as the companies try to gain regulatory approval for their $39 billion merger, Bloomberg reports. By transferring assets such as spectrum and subscribers to regional carrier MetroPCS, AT&T hopes to convince regulators that it will not dominate the wireless market if its acquires T-Mobile.

The Justice Department has sued to block the merger, arguing it would violate antitrust law. AT&T says it hopes to negotiate with the Justice Department but is preparing for trial.

ICYMI:

LightSquared refused a request from Sen. Chuck Grassley (R-Iowa) to release its communications with the White House.

Facebook will team up with the Labor Department in an effort to connect employers with users looking for work.

The Homeland Security Department named Mark Weatherford the new deputy under secretary for cybersecurity for the National Protection and Programs Directorate.